Santa Cruz County Board of Supervisors Minutes: 11/20/2007

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2007, NUMBER 33
Tuesday, November 20, 2007

ACTION SUMMARY MINUTES

VOTING KEY: B = Beautz, P = Pirie, Co = Coonerty, Ca = Campos, S = Stone; first initial indicates maker of motion, second initial indicates the "second"; upper case letter = "yes" vote; lower case letter = "no" vote; () = abstain; // = absent

1.		All Supervisors present
2.		Moment of Silence and Pledge of Allegiance
3.		Additions to the Consent Agenda: Item No. 49.1
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - ten people addressed the Board

CONSENT AGENDA

6.   DELETED ITEM

7.   APPROVED minutes of October 29, 2007 and November 6, 2007, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of October 25, 2007 through November 14, 2007 and approved upon adoption of the 2007-2008 continuing agreements list to comply with Section 300 of the County's Procedures Manual, Title 1, as recommended by the Clerk of the Board

9.   APPROVED the reading by Title of all ordinances considered for adoption that may appear on this agenda and further waived a detailed reading of said ordinances, as recommended by County Counsel

10.   REJECTED the claim of Pacific Bell Phone Company, Claim Number 708-020, and referred to County Counsel

11.   REJECTED the Application to file a late claim on behalf of David Richard Imboden, Claim Number 708-022, and referred to County Counsel

12.   REJECTED the Application to file a late claim on behalf of George C. and Dora Dianne Hall, Claim Number 708-023, and referred to County Counsel

13.   APPROVED extension of lease for the Agricultural Commissioner's Office at 175 Westridge Drive, Watsonville; and authorized the Agricultural Commissioner to sign, as recommended by the Agricultural Commissioner

14.   ACCEPTED AND FILED Treasurer Quarterly Cash Count as of September 5, 2007, as recommended by the Auditor-Controller

15.   SCHEDULED jurisdictional hearing on December 11, 2007 at 9:00 a.m. or thereafter, to consider an appeal of the Planning Commission's approval of a development permit for Application Number 06-0156 (546 Beach Drive, Aptos, CA), as recommended by the Clerk of the Board

16.   AUTHORIZED payment of $4,160.75 to defense attorney Howard Van Elgort for prior year indigent legal defense services, as recommended by the County Administrative Officer

17.   SEE ITEM NO. 63.2 REGULAR AGENDA

18.   APPROVED two gross pay adjustments in the amount of $590.40 and $561.76, as recommended by the County Clerk

19.   AUTHORIZED payment of an invoice over one year old totaling $678.21, as recommended by the County Clerk

20.   ACCEPTED the status report on the Energy Efficiencies Project at the Government Center Complex and directed General Services to return on or before March 25, 2008 with a further status report, as recommended by the Director of General Services

21.   DECLARED used County vehicles to be surplus and authorized the Director of General Services to arrange for their disposition, as recommended by the Director of General Services

22.   AUTHORIZED the Chair of the Board to sign the Census 2010-Local Update of Census Addresses (LUCA) Program registration form and authorized participating County staff to sign required confidentiality agreement and associated documents; authorized the Information Services Department to direct the LUCA review and update Census Bureau's files as required; authorized the Information Services Department to apply for the LUCA program, as recommended by the Information Services Director

23.   RATIFIED fire ordinances from the autonomous fire protection districts, as recommended by the General Services Director

24.   ADOPTED RESOLUTION NO. 316-2007 Fixing the Employer's Contribution under the Public Employee's Medical and Hospital Care Act for each employee in the General Representation Unit; adopted RESOLUTION NO. 317-2007 Fixing the Employer's Contribution under the Public Employee's Medical and Hospital Care Act for each employee in the Middle Management Representation Unit; adopted RESOLUTION NO. 318-2007 Fixing the Employer's Contribution under the Public Employee's Medical and Hospital Care Act for each employee in the Unrepresented Employees Group; adopted RESOLUTION NO. 319-2007 Fixing the Employer's Contribution under the Public Employee's Medical and Hospital Care Act for each employee who is a Department Head or member of the Board of Supervisors; adopted RESOLUTION NO. 320-2007 Fixing the Employer's Contribution under the Public Employee's Medical and Hospital Care Act for each employee in the District Attorney/Child Support Attorney Representation Unit; adopted RESOLUTION NO. 321-2007 Fixing the Employer's Contribution under the Public Employee's Medical and Hospital Care Act for each employee in the District Attorney Inspectors Association; adopted RESOLUTION NO. 322-2007 Fixing the Employer's Contribution under the Public Employee's Medical and Hospital Care Act for each employee in the Physicians' Representation Unit; adopted RESOLUTION NO. 323-2007 Fixing the Employer's Contribution under the Public Employee's Medical and Hospital Care Act for each employee in the Law Enforcement Middle Management Unit; adopted RESOLUTION NO. 324-2007; adopted RESOLUTION NO. 325-2007 Fixing the Employer's Contribution under the Public Employee's Medical and Hospital Care Act for each employee in the Sheriff's Supervisory Unit; and adopted RESOLUTION NO. 326-2007 Fixing the Employer's Contribution under the Public Employee's Medical and Hospital Care Act for each employee in the Correctional Officers Representation Unit, as recommended by the Deputy Personnel Director

25.   APPROVED revisions to the Equal Employment Opportunity Commission By-Laws, as recommended by the Equal Employment Commission and the Deputy Personnel Director

26.   ADOPTED RESOLUTION NO. 327-2007 determining industrial disability retirement for a safety member, as recommended by the Deputy Personnel Director

27.   APPROVED Memorandum of Understanding between SEIU Long Term Care Workers Union 6434 and In-Home Supportive Services Public Authority; adopted RESOLUTION NO. 328-2007 to implement provisions of the agreement; approved the request to transfer budget appropriations; approved the submission of the In-Home Supportive Services rate package to the State, and approved related actions, as recommended by the Deputy Director of Personnel and the Human Resources Agency Director

28.   APPROVED contract amendment with the W. Haywood Burns Institute in the additional amount of $18,000 to purchase additional professional services related to the Disproportionate Minority Confinement grant, as recommended by the Chief Probation Officer

29.   ACCEPTED AND FILED the Treasurer's monthly Cash Report and Transaction Report for the period ending October 31, 2007, as recommended by the Treasurer-Tax Collector

30.   APPROVED appointment of John Willett to the Fire Department Advisory Commission for a term to expire April 1, 2009, as recommended by Supervisor Pirie

31.   ACCEPTED notification of at-large vacancy on the Santa Cruz Metropolitan Transit District Board of Directors, with nominations for appointment to be received on December 4, 2007, and final appointment to be considered on December 11, 2007, as recommended by Chairperson Beautz

32.   ACCEPTED AND FILED report on the need to continue the state of local emergency relative to the transmission of HIV through contaminated needles, as recommended by the Director of Health Services Agency

33.   APPROVED Santa Cruz County Five-Year Comprehensive Economic Development Strategy Plan; authorized the Human Resources Agency Workforce Investment Board to submit the Santa Cruz County Five-Year Comprehensive Economic Development Strategy Plan to the Economic Development Administration for final approval and make any adjustments to the Plan required by the Economic Development Administration for such approval, as recommended by the Human Resources Agency Director

34.   ADOPTED RESOLUTION NO. 329-2007 accepting and appropriating $183,441 of unanticipated State Safe and Drug-Free Schools and Communities grant revenue into the Alcohol and Drug Program budget; approved addition of 1.0 full-time equivalent (FTE) Program Coordinator; and approved agreements with Andrew Davis in the amount of $17,000 for program evaluation and planning services, and Community Action Board in the amount of $50,165 for parolee re-entry planning grant services and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

35.   APPROVED lease agreement with Pacific Avenue Land, LLC in the amount of $425 per month and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

36.   AUTHORIZED two gross pay adjustments in the amounts of $734.06 and $403.86, as recommended by the Health Services Agency Director

37.   ACCEPTED AND FILED report on Health Services Agency (HSA) contracting procedures and directed Health Services Agency Director to return with additional information relating to HSA contracting procedures on December 11, 2007, as recommended by the Health Services Agency Director

38.   SCHEDULED public hearing on Tuesday, December 11, 2007 at 9:00 a.m. or thereafter, to consider proposed revisions to County Code Chapter 7.70, Water Wells, and directed the Clerk of the Board to publish the required notice, as recommended by the Health Services Agency Director

39.   ACCEPTED AND FILED draft Association of Monterey Bay Area Governments Regional Housing Needs Allocation Plan, and approved related actions, as recommended by the Planning Director

40.   DEFERRED consideration of Revisions to the Historic Preservation Ordinance to a Board Hearing held in March 2008, as recommended by the Planning Director

41.   SCHEDULED public hearing on Tuesday, December 11, 2007 at 9:00 am or thereafter, to consider Application Number 06-0589 (Whalen), a proposed Lot Line Adjustment, General Plan amendment, rezoning, and Agricultural Land Conservation contracts affecting Assessor's Parcel Numbers 088-081-07 and 088-081-08, and approved related action, as recommended by the Planning Director

42.   SCHEDULED public hearing on Tuesday, December 11, 2007 at 9:00 am or thereafter, to consider Application Number 06-0651 (Powers for BK Properties LP), to create a 10 unit townhouse development, and approved related actions, as recommended by the Planning Director

43.   SCHEDULED public hearing on Tuesday, December 11, 2007 at 9:00 am or thereafter, to consider Application Number 05-0388 (Powers for Corte Cabrillo LLC), to create a 28 unit townhouse development, and approved related actions, as recommended by the Planning Director

44.   ACCEPTED AND FILED report on the 2007-2008 storm damage repair projects; approved amended Page 13 of the 2007-2008 Road Budget to include Trout Gulch Road, Lockhart Gulch Road and Highland Way as additional storm damage contract projects, as recommended by the Director of Public Works

45.   SEE ITEM NO. 63.1 REGULAR AGENDA

46.   ADOPTED RESOLUTION NO. 330-2007 approving the filing of a grant application for funds from the Bicycle Transportation Account Program in the amount of $450,000 for the Calabasas Road Bicycle and Pedestrian Safety Improvement Project, as recommended by the Director of Public Works

47.   APPROVED Reimbursement Agreement between the City of Capitola and the County of Santa Cruz, in the amount of $23,000 plus administrative costs, for work related to overlaying the City's portion of Sommerfeld Avenue; adopted RESOLUTION NO. 331-2007 accepting and appropriating unanticipated revenue in the amount of $24,150 from the City of Capitola, and approved related action, as recommended by the Director of Public Works

48.   DEFERRED report on roadside vegetation management update; directed Public Works to return in late January 2008 with a presentation on the Integrated Vegetation Management work plan, a progress report following the third year of the spraying moratorium, and an update on our continuing discussions with the local fire agencies, as recommended by the Director of Public Works

49.   ACCEPTED AND FILED report regarding possible acquisition of the Pleasure Point Roadhouse Property (2-3905 East Cliff Drive, APN 032-181-08) as a future park site, and approved related actions, as recommended by the Redevelopment Agency Administrator and the Director of Parks, Open Space and Cultural Services

49.1.   SEE ITEM NO. 63.3 REGULAR AGENDA

50.   AS THE BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY, SCHEDULED a closed personnel and litigation session as follows:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Claim Name/Number: Kenneth Wunderlich, Jeanette Englehart v. County of Santa Cruz, Santa Cruz County Assessor, and DOES 1-10, Santa Cruz Superior Court Case Number CV154719

CONFERENCE WITH LABOR NEGOTIATOR

Agency Negotiator: Deputy Director of Personnel

Employee Organization: District Attorney and Child Support Attorneys Association

Agency Negotiator: Deputy Director of Personnel

Employee Organization: Middle Management Association

Agency Negotiator: Deputy Director of Personnel

Employee Organization: Unrepresented Employees

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property street address: 40 Moran Way, Santa Cruz CA

Assessor's Parcel Number: 028-302-04

Property Owners: Myrna L. Parks and Edgar J. Lamkin

Negotiating Parties: Betsy Lynberg, Redevelopment Agency Administrator; Ken Hill, Chief Real Property Agent

Property Street Address: 2-3905 East Cliff Drive, Santa Cruz CA

Assessor's Parcel Number: 032-181-08

Property Owner: Leila Naslund, Trustee

Negotiating Parties: Betsy Lynberg, Redevelopment Agency Administrator; Ken Hill, Chief Real Property Agent

REPORT OF COUNTY COUNSEL - The Board of Supervisors with a vote of 5 to 0, authorized an appeal in the matter of Kenneth Wunderlich, Jeannette Englehart v. County of Santa Cruz, Santa Cruz County Assessor, and DOES 1-10, Santa Cruz Superior Court Case Number CV154719

REGULAR AGENDA

51.   CONSIDERED presentation by the Second Harvest Food Bank establishing November 13, 2007 through December 7, 2007 as the period for contributions to the Food Drive

52.   CONSIDERED presentation of County Superintendent of Schools concerning the "State of Schools Status Report"

53.   Continued public hearing held to consider Election Results for the Proposed 2008-2009 Benefit Assessment Rate Increase for County Service Area Number 48, County Fire;

(1) closed public hearing;

(2) accepted the certification of the results of the CSA No. 48, County Fire election; and

(3) directed the Office of Emergency Services to retain the ballots for at least six months following the certification
PCaCoSB

54.   Continued public hearing held to consider adoption of ordinance amendments to Chapter 12.10 of the County Code for the purpose of adopting the 2007 California Building Standards Code, also known as Title 24 of the California Code of Regulations, and local amendments;

(1) closed public hearing;

(2) adopted RESOLUTION NO. 332-2007 approving the amendments to the 2007 California Building standards with their express findings, and directed the Planning Director to forward the resolution to the California Building Standards Commission for the purpose of filing local County amendments with the State;

(3) adopted ORDINANCE NO. 4894 repealing Chapter 12.10 of the Santa Cruz County Code and adopting replacement Chapter 12.10 - Building Regulations; and

(4) certified the California Environmental Quality Act Notice of Exemption

PSCo/CA/B

55.   Continued public hearing held to consider the recommendation of the Historic Resources Commission whether to designate certain structures in Live Oak as historic resources and add them to the County's Inventory of Historic Resources;

closed public hearing;

(1) declined to designate Assessor's Parcel Number 028-161-12, 2-1610 East Cliff Drive (Sunny Cove Motel), as a historic resource, but assigned it a rating of NR6; and

(2) deferred until February 12, 2008, the decision of whether to designate Assessor's Parcel Number 032-181-08, 2-3905 East Cliff Drive (the so-called "Roadhouse"), as a historic resource
SCaPCoB

56.   Public hearing held to consider amendments to the Unified Fee Schedule;

(1) motion made to delete the $600 speed bump and RV parking restriction processing fee (motion failed); and

(2) CONTINUED TO DECEMBER 11, 2007 public hearing to consider adoption of ordinance amendments to the Unified Fee Schedule; with further direction the Planning Department include an analysis of the fees generated in the past year or two, what the loss would be and some distinctions, that the Planning Department could see, about an interest in subsidizing neighbors were there is a development that could have a neighborhood impact
(1) PBcocas
(2) PSCoCaB

57.   Public hearing held to consummate purchase of real property situated at the northwest intersection of Mc Gregor Drive and Searidge Road (portion of Assessor's Parcel Number 038-081-36);

closed public hearing;

(1) adopted RESOLUTION NO. 333-2007 Consummating the Purchase of Real Property situated at the Northwest intersection of McGregor Drive and Searidge Road (portion of Assessor's Parcel No. 038-081-36); and

(2) directed the Department of Public Works to take the necessary actions to complete the purchase on behalf of the County
PCaCoSB

58.   ACCEPTED the annual report on hospital issues and access to care services; directed the Health Services Agency to report back to the Board in November 2008 on hospital services and data collected for Access to Care contracts in the year 2007; with an additional direction for a report back in early February 2008 on the status of the Watsonville Hospital audit and the issue of cost shifting, including cost to charge ratios and any background appropriate to help in the understanding of the issue
PCaCoSB

59.   CONSIDERED the report on Elderday and Salud Para La Gente's finances and directed the Health Services Agency to report back at the last meeting in May 2008 regarding any changes which may put the Elderday or the Salud Para La Gente clinics at risk; with an additional direction for a report back once the 2006-2007 expenditures audit is complete
PCaCoSB

60.   CONSIDERED report to direct the Water Resources Division Director to send a letter to the Pajaro Valley Water Management Agency (PVWMA) General Manager requesting submittal by March 25, 2008 of a proposed plan of action to secure necessary financing to fully address groundwater overdraft in the Pajaro Groundwater Basin; direct the Water Resources Division Director to provide a report and recommendation on April 15, 2008 for the Board to consider whether to initiate the process to declare a groundwater emergency and take other necessary actions to address the groundwater overdraft in the Pajaro Groundwater Basin;

DIRECTED the Water Resources Division Director to send a letter to the Pajaro Valley Water Management Agency (PVWMA) General Manager requesting submittal by March 25, 2008 of a proposed plan of action to secure necessary financing to fully address groundwater overdraft in the Pajaro Groundwater Basin; directed the Water Resources Division Director to provide a report and recommendation on April 15, 2008 for the Board to consider whether to initiate the process to declare a groundwater emergency and take other necessary actions to address the groundwater overdraft in the Pajaro Groundwater Basin
PCoCaSB

61.   CONSIDERED report regarding issues related to affordable housing in the rural areas of the County;

(1) considered report and related public comments;

(2) identified program areas that the Board of Supervisors would like staff to further evaluate;

(3) directed staff to return in the future with additional information on how identified programs could be pursued; and

(4) including a report back in August 2008 on the following issues: town plan, rural services line
PCaCoSB

62.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, CONDUCTED a public hearing to review and consider amendments to the Implementation Plan for the Live Oak/Soquel Redevelopment Project Area;

(1) conducted a public hearing on the progress on implementing the Redevelopment Plan and the 2005-2009 Implementation Plan;

(2) closed public hearing;

(3) accepted and filed report on the progress on implementing the Redevelopment Plan and the 2005-2009 Implementation Plan;

(4) ADOPTED RESOLUTION NO. 334-2007 amending the 2005-2009 Implementation Plan (attachment 4); and

(5) directed staff to return in 2009 with a proposed Implementation Plan for the next five year planning cycle;

(6) with the following amendments to the Strike Out Version of the Implementation Plan: (a) agenda packet page 860, add into Traffic and Safety list: "Upper Harbor to Brommer Street Bike and Pedestrian Connection" project; this project would provide the link between the City of Santa Cruz Arana Gulch Bicycle and Pedestrian Path and existing bike lanes and sidewalks on 7th Avenue and Brommer Street in Live Oak; (b) agenda packet page 862, add a bullet under Economic Development Studies: "-Analysis of potential for visitor-serving accommodations within the Project Area and identification of opportunity sites".; (c) agenda packet page 864, number 3, Housing, Agency's Housing Production Plan, bullet Development of New Affordable Units, add a bullet with the following language: Planning, technical studies, and ultimately project financing for sites identified through the Housing Element rezoning program, creating 20 unit/acre density housing projects with a minimum of 40 percent affordability.; (d) agenda packet page 865, add in at the end of the bullets, under Special Needs Housing Program: "and Mental Health Services Act housing programs."
CoSPCaB

63.   APPROVED appointment of Steven R. Tronick to the Hazardous Materials Advisory Commission, as an at-large representative in the category of "chemistry or chemical engineering," for a term to expire April 1, 2011
PCaCoSB

63.1.   ACCEPTED AND FILED report on the County Pavement Management Program and the benefit assessment fee; approved revised list of roadways for the 2008 Pavement Management Seal Coat project; directed Public Works to return on or before February 19, 2008 with the County Service Area 9D benefit assessment proposed fee increase schedule
PCo(Ca)SB (Supervisor Campos abstained because his street is on the project list)

63.2.   APPROVED recommended revisions to the Policy and Procedures Manual, with the following direction that future changes to the Environmental Purchasing Policy language be forwarded to the Commission on the Environment for their review and recommendation
PSCo/CA/B

63.3.   APPROVED the 2008 Board meeting schedule as revised, the Board will meet on March 18, 2008 and will not meet on March 25, 2008 and adopted RESOLUTION NO. 335-2007 establishing June 16, 2008 through June 26 2008 as that period of time during which budget hearings for fiscal year 2008-2009 will be held
SCoPCaB

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS